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£100,000 fine for waste recycling company, after worker suffers life-changing spinal injuries (5 February 2015)

Date: 05/02/2015
Duncan Lewis, Legal News Solicitors, £100,000 fine for waste recycling company, after worker suffers life-changing spinal injuries

The Health and Safety Executive (HSE) has successfully prosecuted a waste recycling company, after an employee suffered serious spinal injuries in a work accident.

On 22 April 2013, Desmond Adlington, 48 of Grantham in Lincolnshire was struck by a washing machine which fell from a grabber. Mr Adlington suffered a broken rib and fractures to three vertebrae in the incident at Grantham-based waste recycling firm Environcom England Ltd.

Mr Adlington was taken to Queen’s Medical Centre in Nottingham and afterwards to Grantham Hospital for treatment. He had to wear a back brace for more than a year – and eventually underwent an operation to repair the damaged parts of his spine. Mr Adlington is still on pain relief medication and will require further medical treatment for the rest of his life. His mobility has also been seriously affected by the injuries.

An investigation into the incident by HSE inspectors found that, although designated pedestrian walkways and entrances had been installed on the site after previous HSE enforcement related to workplace transport, two of the key routes had since been allowed to fall into disrepair and were not being used because the firm’s recycling activities had increased.

At the time of the incident, Mr Adlington was walking back from the canteen –
and was using the goods-in door, walking down one side of a trailer.

On the opposite side, a 360-degree rotating grabber machine was operating, lifting white goods intended for scrap onto the back of the trailer.

Mr Adlington thought the driver of the grabber had seen him – however, the driver had not and continued loading the goods.

A washing machine weighing 65-80kgs became detached from the grabber and was thrown over the top of the bulk trailer – striking Mr Adlington, who was several metres away.

Evironcom was subject to Improvement Notices served – one relating to a safe system of work for the grabber machine, and the other for effective control, monitoring and review of measures to prevent risks to pedestrians from vehicle movements.

On Monday (02/02/15) at Lincoln Crown Court, Environcom England Ltd of Spittlegate Level in Grantham was fined £100,000 – and ordered to pay £16,286 in costs after pleading guilty to breaching Sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974.

After the hearing, HSE Inspector Dr David Lefever said:

“This incident – which could easily have resulted in Mr Adlington’s death – was entirely preventable, had the company maintained the pedestrian walkways previously required by HSE.

“It is vital that pedestrians are separated from the dangers posed by vehicles – the company let the walkways become blocked so pedestrians had to use other routes, including the main vehicle entrance to factory.

“As a result of this, Mr Adlington has needlessly been left with serious injuries which will no doubt affect him for the rest of his life.”

Duncan Lewis Personal Injury Solicitors – Accidents at Work Claims

Duncan Lewis is a leading firm of no win no fee personal injury lawyers and can advise employees injured in an accident at work as a result of breaches of health and safety or the negligence of another person on how to make a claim for compensation.

Personal injury claimants have three years from the date of injury in which to claim for work injuries compensation – including injuries relating to:

• Amputation claims
• Brain/head injury claims
• Crush injury claims
• Dislocation claims
• Electrocution claims
• Fracture claims
• Road traffic accident injuries
• Spinal injury claims.

Duncan Lewis can also help bereaved families make a Fatal Injuries Claim for compensation if a loved one has lost their life in a work accident as a result of the negligence of another party.

For expert legal advice on no win no fee Accidents at Work Claims call Duncan Lewis personal injury solicitors on 020 7923 4020.

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